heli_fixer

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About heli_fixer

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  1. UPDATE__ Finally got the Wells Fargo and Midland issue completely removed from my report and the judgement in NY erased. It took me hunting for the main WF corporate executive list and finding one that finally listened to my situation. It sit took them about 3 months to get it all returned but at least now there is no sign of it any more.
  2. This would be my first time filing a claim. Do I need to let them know I am going to file or do I just go to the court house and file?
  3. I was on travel for work for a week. During that week my cell phone stopped work and I could not receive or make calls to include text. So I had my daughter call my voice mail number with we were chatting on yahoo. A payday loan place had called, which I was a week in default do to other issues that I won't get into, but the message stated the persons name, the company and that my check had been returned. She also continued with our next step is to submit the check to the DA if you don't call us right back. My question is, does this violate FDCPA because of the full details left on machine? I also remember that Alabama law says that they can't get me criminally unless I wrote the check on a closed account, which it is still open but just without money. So is saying they will pass it to the DA considered threatening what they have no intentions of being able to do?
  4. Thanks formapara. I was looking at it and of course it is confusing like everything in the Tax Code. But hopefully by then I will get a better understanding of it.
  5. willingtocope, I was thinking more of scavenger debt collectors after this is settled. As for tax part, yeah I am expecting to have to cross that bridge next year. I am still trying to understand how we allowed the IRS to get so powerful that they can tax the same money over and over again and again. Tax your income, tax your spending, tax your saving, tax your business, tax your death and so forth! That is another soap box for another forum. LOL And thanks for your comment Sky1
  6. Sky1 Yes I believe I may have paid too much myself too but I did need to get this off my reports and settled quickly because it was more than my score I was concerned with. I also had a pressing security clearance hovering over my head. So I do think that the $3000 was worth it over losing my job. Which happens to be a pretty good one. But while I was dealing with them I did notice that they did commit a couple violations. One was calling me on a Friday not pertaining to the settlement 7 times. I got pics of my caller ID of every call they made to my home phone FDCPA(§ 1692 d(5) Caused the phone to ring or engaged any person in telephone conversations repeatedl) Another, was them trying to tell me that they couldn't decide on that settlement and that they had to send a form up to the debt buyer to get approval which they said was not approved and later changed their story FDCPA(§ 1692 e(10) Any false representation or deceptive means to collect a debt or obtain information about a consumer) And maybe even another after I gave them my work number and told not to make calls to there. FDCPA(§ 1692 c(a)(3) At place of employment when knows that the employer prohibits such communications) So hopefully I can get at least $1000 of it back. All ready talking it over with an attorney in Alabama. Plus most of my conversation are record for note taking purpose because I suffer from CRS ( Can't Remember Sh**) LOL and come to find out AL and MO the state they are based from are both one party consent states. Hopefully they will mess up my CR also so I can get the rest of it back.
  7. Thanks BV80 for rephasing that for me. That does make more sense. I mean I have the GAP folks willing to finish processing the claim and will pay it to either Wells or Midland but it will still leave a negative mark on my report. And even if I wait a year and then dispute them off, I will lose a good mark because Wells would of had to have given me a paid as agreed and my score would be hire. These days we need as high of a score as possible with the strigent lending practices of late. There has to be something I can use as leverage on Wells to revert my account back to good standings?
  8. Wells Fargo didn't sue me, it was Midland that got the default judgment. And I was not made aware of any sue being filed against me. Heck, it does not even show up on my CR. I did called the county records and they verified that there is one. I request the full file on it and still waiting to see it so I can request to vacate. But if a request for items such as contract and detailed pay history would of only came from them. Is there anything I can go after them or use as leverage for all the neg marks to go away because they failed to comply with a request and with having that knowldge that all that was required was for them to send the GAP those forms would of kept the customer from going into default. I seems like they were purposely causing me to go into default.
  9. Can anyone give me any advice or point me in the right direction? I was in a car accident in April 2005 in my vehicle a 2002 Oldsmobile Alero finance by Wells Fargo (WF) at approximately $13,000 which was deemed a total loss by the insurance company, USAA. They had paid $8330, the book value of the car at the time and I also had APCO GAP that would pay the remainder of the balance. Since I knew I had GAP and the WF had already dealt with USAA and knew that the vehicle was totaled and also that GAP was going to pick up the remaining balance I felt it was a completed process and I could continue with preparations to deploy with my unit. I was deployed out September 2005 to Iraq. Around 2007 I seen a Wells Fargo negative blot on my report so I disputed it and it was gone. Just recently I saw it again along with a JDB Midland. I then proceeded to investigate it and found out that this was from the remaining balance from my accident. I contacted my insurance company USAA and got the information on the GAP Company. I contacted GAP and they told me that they sent on two letters requesting the finance contract and payment history to Wells Fargo but they never responded. Of course I was deployed then and when I returned in 2006 I got out of the Army and moved from the area and went back over as a contractor for a couple years. I then find out that Wells Fargo had sold my account to Midland and Midland had gotten a default judgment on me in Feb 2008 in the town I no longer lived in. I will be pursuing to vacate that. The GAP Company is still willing to finish the claim but still needs the two forms request. I am sure you folks can guess at all the brick walls I am running into. So can anyone tell me if I can go after Wells Fargo for bad practice or any violations for not responding to request letters from the GAP? It just erks me that a 39 cent stamp back then would have had WF paid in full and I wouldn’t have this credit issue. Also, I would like to add that I hold a clearance and this has place that in danger of being lost. Any help would be appreciated Thanks
  10. Hey! If you are happy with the settlement then you did great. That is all that matters. Did you negotiate what will be put on your report once its paid?
  11. Update: After doing some more research and read about FCRA 623. I took that information to WF and when they started with that whole "we don't have any records cus we sold it" BS. I said " well are you not reporting me to the CRAs? Because I did dispute it before and it was verified. I was reading in FCRA sec 623 that you have to hold some record to be able to report accurately" and that is when the tone changed and all the sudden she said "oh you only need the contract and payment history please give me your address" and the next thing you know I had them fax me that info with in an hour. Funny how when you quote something from the FCRA it has them jump. So those folks are not as dumb as they act. LOL
  12. OH Darn! Just when I was feeling good about it. There was no mention of it. But on the settlement paper it does state. "this would be considered settled in full" So if anyone else comes after me I will go right to court with that and all the recorded phone calls.
  13. Now I am far from being an expert but I just settled a repo account from Wells Fargo (WF) in 2007 at the price of $25,409.25 for a grand total of $3000. I did call them and what you will probably find out like I did is that the account has been sold or given to someone else to collect. It will be a very frustrating mess at first but if you stick to your guns will should get the price you want. My account went from WF sold to Equable Ascent and being collected by NARS which is who I ended up dealing with. I was at a point that I had to make a decision, I either had to go BK7 or get enough of my CAs to settle low enough so I wouldn't have too. And that is what I explained to them. I got a tax refund and it was a choice to use the money to file BK or they could have it and they considered my account settled in full. It took about 11 days of talking with them and they were always trying to get me on a monthly plan but I told them that monthly payments is the root cause of my problem. Eventually they gave me the offer in writing for the price I asked for.
  14. Finally starting to show some progress! LOL Settled $25,000 debt for $3000. Details posted here: http://www.creditinfocenter.com/forums/showthread.php?p=1096557#post1096557